Auto/Negligence
Tractor- Trailer -- Ran Red Light -- Severe Brain Injury -- Prior Multiple Personality Disorder -- Contributory Negligence Issue -- $4.9 Million Settlement
Brief Statement of Claim: The plaintiff sustained a severe traumatic brain injury when a tractor-trailer truck ran a red light and collided with the plaintiff's pickup truck. The defendants admitted the truck driver ran the light but claimed that the plaintiff was contributorily negligent in pulling into the intersection when she knew or should have known that the truck driver would not be able to stop.
Principal Injuries (in order of severity): Severe traumatic brain injury, internal injuries, fractures of arm, shoulder, and several ribs
Special Damages: Medical expenses of $433,000 plus future unskilled medical care for the remainder of her life
Tried or settled: Settled
County where tried or settled: Pitt
Case Name and number: Sue Ann Stewart by and through her general guardian, Dorothy Lorraine Sullivan v. David John BeBout and General Wholesale Building Supply Co. (Pitt County Superior Court; 95 CVS 2225)
Date Concluded: Sept. 4, 1996
Name of Judge: Clifton W. Everett Jr. approved the settlement.
Amount: Present value of $4.9 million, with $2,527,564 in cash plus $13,500 per month guaranteed for life with payments to include three percent per annum. The present value of the structure is $2,372,436, with total payouts over the plaintiff's expected life to exceed $10 million.
Insurance Carrier: Pennsylvania National Mutual Casualty Insurance Company
Expert Witnesses and areas of expertise: Cynthia Wilhelm, Ph.D., life care planner; J. Finley Lee, economist
Attorney for Plaintiff: Joseph T. Edwards and Sharron R. Edwards of Edwards and Edwards, L.L.P., Greenville, represented the plaintiff in the lawsuit; A. Charles Ellis of Ward and Smith, P.A., Greeville, represented the plaintiff with respect to guardianship issues.
Other Useful Info: The plaintiff incurred no lost wages because prior to the accident she had been rendered permanently and totally disabled due to multiple personality disorder. She was rendered incompetent as a result of her injuries and her significant other was appointed as her general guardian. The plaintiff's counsel utilized a settlement video which depicted a day in the life of the plaintiff, as well as interviews with eyewitnesses and the plaintiff's treating physicians.
» From the August 18, 1997 North Carolina Lawyers Weekly.
Note: Each individual case is unique with its own set of facts and complexities. These reported cases cannot be used as a basis for predicting results in future cases because each case must be evaluated and judged on its own particular set of facts and circumstances.